Borrower Failed To Plead Pattern, Practice In Bringing Statutory Damages Claim

Mealey's (January 9, 2023, 1:55 PM EST) -- ATLANTA — A federal district court did not err in dismissing a borrower’s claim that his mortgage loan servicer violated the Real Estate Settlement Procedures Act (RESPA) and its implementing regulations in its handling of its response to the borrower’s notice of error in its bringing of a second foreclosure action against the borrower because the borrower failed to sufficiently plead a pattern or practice on the part of the loan servicer in alleging statutory damages, an 11th Circuit U.S. Court of Appeals panel ruled in affirming....